Court of Criminal Appeals of Texas

Rickey Lee Bradley, Appellant v. the State of Texas, Appellee

November 26, 19801980 Tex. Crim. App. LEXIS 1461

Summary

The Court affirmed the revocation of Rickey Lee Bradley's probation, holding that the evidence was sufficient to support the revocation, that judicial notice of the prior murder trial record was proper, and that the Barrientez rule does not require the same attorney at both proceedings. The opinion also rejected the appellant's constitutional arguments and noted that a preponderance of the evidence, not proof beyond a reasonable doubt, governs probation revocation hearings. The dissenting opinions argued that the Barriennez rule was misapplied and that the judicial notice procedure violated due process.